Agenda Item: 2.H.4 TEXT AMENDMENT AMENDMENT ROUND 08-1 BCC ADOPTION PUBLIC HEARING, AUGUST 21, 2008 I. General Data Project Name: Definitions, References and Clarifications Elements: Introduction and Administration, Future Land Use & Housing Elements Project Manager: Staff Recommendation: Lisa Amara Staff recommends approval based on the findings and conclusions presented in this report. II. Summary: Item Summary To hold a public hearing on a proposed housekeeping amendment to update and add definitions, deleted outdated references, and to clarify text. Specifically, this amendment includes amendments intended to: Add definitions and language related to animal shelters Revise language regarding the Palm Beach International Airport (PBIA) Overlay to update references and clarify text Clarify language regarding maximum floor area ratio for institutional land uses Delete redundant language and clarify language relating to density provisions for special needs housing Clarify language related to Ag Reserve Preserves ULDC Impacts: This proposed amendment will result in subsequent amendments to eliminate related PBIA Overlay text, and to recognize animal shelter type uses. Additionally, ULDC amendment Round 2008-01 will include amendments to the Platting requirements for AGR Preserve areas as currently permitted by FLUE Policies 1.4-j and n; whereas, the Plan allows the recordation of a Conservation Easement as an alternative to Platting. T:\planning\AMEND\08-1\reports\bccadopt\_08-1_bccadopt_Definitions&References.doc 08-1 Text Amendment Staff Report 1 Definitions, References & Clarifications
III. Hearing History Local Planning Agency: At the LPA Public Hearing on February 8, 2008, the LPA unanimously recommended approval in an 8-0 vote. One member of the public representing Indian Trails Improvement District, Mike Erickson, spoke in support of the amendment relating to Institutional FAR. There was minimal discussion. Board of County Commissioners Transmittal Public Hearing: Motion to transmit was made by Comm. Kanjian, seconded by Comm. McCarty, and passed in a 6-0 vote at the April 28, 2008 Public Hearing with Comm. Marcus absent. At the hearing, County staff distributed a replacement page that revised the definition of Animal Shelter (the changes have been incorporated into this report). One member of the public representing Indian Trails Improvement District, Mike Erickson, spoke in support of the amendment relating to Institutional FAR. One member of the public spoke and recommended that the conservation agreements be expanded to include a third party, such as 1,000 Friends of Florida. Three members of the public spoke in opposition to Institutional uses in Ag Reserve Preserves; however, their opposition was not actually directed at this amendment (this amendment does not alter existing Institutional/Preserve language), but was directed at a separate amendment being initiated by the Board for Round 08-2. Department of Community Affairs: The Objections, Recommendations, and Comments Report issued by DCA on July 11 th, 2008, did not include any comments or objections related to this amendment. Changes Subsequent to Transmittal: Subsequent to the Transmittal Public Hearing, the County has processed related changes to the definition of Animal Shelters, Animal Control Facilities, and Humane Societies. As such, the definitions are no longer necessary to be within the Comprehensive Plan and are no longer proposed for adoption. In addition, the term accessory has been replaced with co-located with regards to associated veterinary clinics to ensure that veterinary services associated are allowed greater flexibility with allowable square footage. These changes appear in Exhibit 1 of this document in double underline, double strikeout. Board of County Commissioners Adoption Public Hearing: 08-1 Text Amendment Staff Report 2 Definitions, References & Clarifications
IV. Background This is a housekeeping amendment to update and revise language Introduction and Administration, Future Land Use, and Housing Elements to remedy various aspects of the Comprehensive Plan. Details regarding the background for each proposed change are provided under the Data and Analysis section of this report. V. Data and Analysis Each proposed amendment is addressed individually below. Animal Shelter Definitions and Language The County currently has a severe pet overpopulation, yet the County s regulations do not adequately address publicly owned animal control or privately owned animal rescue facilities that operate to rescue and reduce the number unwanted animals. The Comprehensive Plan does not identify which future land use designations are appropriate for animal facilities, nor provides definitions. The Unified Land Development Code (ULDC) does not include definitions and assigned zoning district(s) for animal rescue and control facilities. Only commercial breeding (for profit) operations and kennels are addressed. The County s Animal Control Ordinance o Contains some definitions relating to animal agencies, but these definitions have not been carried forward into the ULDC. o Defines Humane Societies as facilities that operate from a business facility on commercially zoned property and has advertised and set hours for public access. However, none of the existing facilities, including the County shelter, are located on commercial land. It appears that this definition intended to imply that these sites are not home based. Due to these inconsistencies, three definitions are proposed to be added to the Comprehensive Plan to recognize these uses and to establish a framework to further revisions to the ULDC and the County s Animal Control Ordinance. These definitions consist of animal shelter, animal control facility and humane society. The definition of animal shelter was taken from similar use definitions based on research of other local government regulations. The remaining two definitions were taken nearly verbatim from the County s Animal Care and Control Ordinance of 1998 (98-22) with one change to the definition of humane society. Ordinance 98-22 states that humane societies are located in business facilities on commercially zoned land. As the responsibility of defining appropriate zoning districts relies within the Unified Land Development Code, the definition proposed for this amendment states that such uses are to be located in appropriately zoned land. In addition, language is being added to FLUE Policy 2.2.8-b to state that animal shelters and related uses are permitted in certain non-residential future land use designations. This amendment considers animal shelters to be an institutional type use, but one that may not be compatible with residential future land use designations. As such, this amendment limits animal shelters to only commercial, industrial, Institutional and Public Facilities, and 08-1 Text Amendment Staff Report 3 Definitions, References & Clarifications
Transportation/Utilities future land uses. Further, this policy recognizes that accessory veterinary clinics are key aspects of a shelter s operations. This amendment will contribute to the locations of future animal rescue facilities in the County, including the expansion and/or relocation of existing government owned. PBIA Overlay Update and Clarifications The PBIA Overlay language has been in the Future Land Use Element for many years and is being revised for clarity and to eliminate references to the PBIA Overlay Committee. The existing language does not adequately describe that the intent of the ability to convert land to industrial without a Future Land Use Atlas (FLUA) amendment was not intended to hinder the conversion of residential parcels to non-residential with a FLUA amendment. Further, the PBIA Overlay Committee has recently been sunset; hence the removal of such references. Finally, the bulk of the language from the Implementation Section has been deleted since it has been addressed in the ULDC and is no longer necessary. FAR Table Revisions Institutional and Public Facilities Per Chapter 163.3177 (6)(a), Required and optional elements of comprehensive plan; studies and surveys, F.S., Future Land Use Elements (FLUE) must establish future land use categories and: Each future land use category must be defined in terms of uses included, and must include standards to be followed in the control and distribution of population densities and building and structure intensities. With the adoption of the Managed Growth Tier System (MGTS) in 1999, Palm Beach County interpreted this requirement to mean that each non-residential future land use designation identified in the FLUE should be limited to a maximum floor area ratio (FAR) through FLUE Table 2, Maximum Floor Area Ratios (FARs) For Non-Residential Future Land Use Categories and Non-Residential Uses. This table goes a step above State requirements, and further limits the maximum FAR per each non-residential future land use designation by the associated Tier. The table also defines a maximum FAR for non-residential uses located within residential future land use designations. Prior to 1999, there was no such limitation in the FLUE, as these details were addressed through the Unified Land Development Code. The mixing of the maximum FARs to both future land use designations and uses has led to several issues with interpreting the intent of the maximum FARs, particularly with regards to institutional and public facility type uses which are allowed in all future land use designations. For example, FLUE Policy 2.2.8-b allows institutional uses allowed in all future land use designations, including libraries and other public facilities. If a parcel has a residential or Institutional future land use designation, the maximum FAR for the particular use varies from.10 to.45 as shown in Table 2. However, if the parcel has a non-residential designation, the maximum FAR could be interpreted to be much less, as low as.05 FAR. The amendment staff report which established this table in 1999 provides no basis for why the same institutional and public facility uses allowed in residential, institutional and commercial future land use designations should be limited more so in a commercial designation. Therefore, an additional note (Note 8 shown in Exhibit 1) is being proposed to clarify that institutional and public facilities are allowed to develop up to the INST designation FAR per the applicable Tier. This change will eliminate any internal inconsistencies in the Plan regarding public facilities. This change is limited to free-standing structures as opposed to uses within mixed or multiple use plazas. The complete table and proposed change is provided in Exhibit 1. 08-1 Text Amendment Staff Report 4 Definitions, References & Clarifications
Special Needs Housing The Future Land Use Element is the Element that dictates the maximum residential densities allowed in each future land use designation per Chapter 163, F.S., as previously discussed in this report. The policy in the FLUE that establishes the permitted density in the Institutional and Public Facilities (INST) designation establishes that the maximum density for parcels with INST FLU is based upon the underlying designation, or in the absence of an underlying designation, based on adjacent residential densities. FLUE Policy 2.2.8-a: The Future Land Use Atlas may depict underlying/alternative residential future land uses for properties designated as Institutional and Public Facilities. If an underlying/alternative designation is not depicted on the Atlas, the Planning Director may assign an underlying density based on the densities of adjacent residential parcels without a land use amendment. The County may initiate a future land use amendment to remove the non-utilized future land use designation after the property is developed. The County s Housing Element contains Objective 1.4, Provision of Special Needs Housing, which promotes the creation and preservation of housing for the County s Special Needs Housing. Specifically, the objective reads: The County shall provide for the creation and preservation of housing and programs to adequately address the needs of all households with special needs populations, including rural and farmworker populations, and shall ensure the provision of foster care, group homes and other special needs facilities in a range of land use categories in accordance with Section 9J-5.010(3)(b)1 and 4. The efforts indicated in the following policies shall be directed toward the target of assisting approximately 3,600 persons with special needs as identified in the County s Five-Year Consolidated Plan, 1995-2000, and the farmworker housing deficit identified in Objective 1.1. Under this Housing Objective is a policy that promotes the County s provision of special needs housing, but also includes a statement on density parallel to FLUE Policy 2.2.8-a: The allowable density of such facilities shall be determined based on the densities of surrounding residential uses. Housing Policy 1.4-c: The County shall provide for foster care, group homes and other special needs facilities to be permitted in residential neighborhoods and in appropriate residential, commercial, and institutional land use categories. The allowable density of such facilities shall be determined based on the densities of surrounding residential uses. Farmworker housing is currently permitted in the Agriculture Reserve (AGR), Agriculture Production (AP) and Special Agriculture (SA) land use categories. This Housing Policy language is being revised to delete the second sentence to eliminate any internal inconsistency. This amendment will recognize that this is not the intent of this policy to act as a hindrance to Future Land Use Atlas amendments that propose additional Institutional lands to be utilized for special needs housing. This policy is intended to promote special needs housing, not to deter such housing. Further, an additional sentence is proposed to FLUE Policy 2.2.8-a to clarify that increases in density are permissible only through the County s density programs or through the Plan Amendment process specifically for institutional uses. 08-1 Text Amendment Staff Report 5 Definitions, References & Clarifications
Agricultural Reserve Preserves As part of the Ag Reserve Planned Unit Development (Agr PUD) process, lands may be developed at 1 unit per acre provided that the development is clustered onto either 40% or 20% of the project area with the remaining lands set as a preserve area (60% or 80% respectively). In order to establish that density has been officially removed from the preserves, the Plan requires that such land be subject to a conservation easement, restrictive covenant, and platted. Through the implementation of this provision since it was adopted, it has become apparent that the conservation easement is the most effective means of securing these sites as preserves with no remaining density, and the additional requirements are redundant. The conservation easement outlines all of the specific allowable and prohibited activities and uses. Further, each conservation easement requires a surveyed sketch and legal that outlines the surveyed boundaries of the area to be conserved. The requirement for the same recordation through a restrictive covenant and plat is redundant and unnecessary. This proposed amendment intends to remove redundant provisions regarding requirements regarding the Agricultural Reserve Preserves by eliminating the restrictive covenant and platting requirements that serves no additional benefit over and above the conservation easement. This change will not make the existing policies less stringent or effective. VI. Public And Municipal Review Intergovernmental Plan Amendment Review Committee (IPARC): Notification was sent to the Palm Beach County Intergovernmental Plan Amendment Review Committee (IPARC), a clearing-house for plan amendments. At the time of the printing of this report, no objections to the amendment had been received. Other Notice and Comments: This proposed amendment has been reviewed by County staff from the Animal Care & Control Division, Zoning Division, and Facilities Development and Operations, and their comments and suggestions have been incorporated into this report. VII. Staff Assessments and Conclusions This proposed amendment is a housekeeping item to add definitions, update references, and to clarify text to remedy internal inconsistencies. This amendment does not represent any change in policy direction nor presents any negative issues. As such, staff recommends approval. Attachments Exhibit 1 Proposed revisions in strike out and underline format 5 08-1 Text Amendment Staff Report 6 Definitions, References & Clarifications
Exhibit 1 A. Introduction and Administration Element, Definitions, References & Clarifications Definitions REVISIONS: To add definitions related to animal shelters. The revisions are numbered below, and shown with the added text underlined. ANIMAL SHELTER means an Animal Control Facility operated by a local government or by an accredited, tax exempt Humane Society for the purpose of impounding, harboring, placing or destroying seized, stray, distressed, homeless, abandoned or unwanted animals. An Animal Shelter consists of a permanent shelter facility for the care and custody of sick, injured, lost, abandoned or strayed animals and includes a veterinary hospital or clinic operated by a licensed veterinarian for the care of the animals kept in its shelter facility and which may also offer veterinary and boarding services to the public. ANIMAL CONTROL FACILITY means a government owned facility charged with licensing of certain animals, impoundment of strays, operation of animal shelters, disposition and adoption of animals, prohibiting certain acts contrary to the public health and general welfare, administration of rabies vaccination programs, pet overpopulation programs and protection of animals against cruelty. HUMANE SOCIETY means an incorporated organization that has a nonprofit status with the Internal Revenue Service for which the central purpose is to provide for the protection of animals through sheltering, adopting, fostering, providing rescue or old age homes for dogs and/or cats. Rescue shall include legally receiving dogs and/or cats from shelters or owners, and providing medical or behavioral rehabilitation for placement into new homes. A humane society accepts members from the public at-large and the controlling board is elected by the general membership. A humane society operates from a business facility on appropriately zoned property and has advertised and set hours for public access. Breeding of rescue dogs or cats is prohibited. B. Future Land Use Element, Definitions, References & Clarifications REVISIONS: To add language related to animal shelters. The revisions are numbered below, and shown with the added text underlined. 2.2.8 Institutional and Public Facilities Policy 2.2.8-b: Institutional and Public Facility uses may be allowed in all future land use designations, provided the uses are consistent with the provisions of the Comprehensive Plan and ULDC. Animal Shelters, Animal Control Facilities, and Humane Societies (as defined by the ULDC) shall be limited to Commercial, Industrial, Institutional and Public Facilities, and Transportation and Utilities categories, and may include accessory co-located veterinary clinics operated by a licensed veterinarian for the care of the animals kept in its shelter facility and which may also offer services to the public. 08-1 Text Amendment Staff Report 7 Definitions, References & Clarifications
7. Institutional and Public Facilities Institutional and Public Facilities shall be permitted in all Future Land Use Atlas designations provided such uses are consistent with the Comprehensive Plan and the Unified Land Development Code. Permitted Uses. Uses permitted in the Institutional and Public Facilities future land use designation include a full range of regional and community uses such as educational; child care facilities and adult day care facilities: congregate living facilities; medical and accessory offices; Animal Shelters, Animal Control Facilities, and Humane Societies, as defined by the ULDC, including co-located veterinary clinics which may offer services to the public; hospitals, public health clinics, emergency shelters; governmental, religious, cemetery, civic, cultural, judicial and correctional facilities; caretakers' quarters; and, accessory affordable housing. Unaltered text omitted for brevity 8. Transportation and Utilities Facilities (U/T) Transportation Uses. Transportation uses include streets and other transportation corridors, expressways, interchanges, public and private airports and landing strips, ports, and railroad facilities. Airports and related facilities include, but are not limited to, airport and aircraft operations and maintenance facilities, cargo distribution terminals, car rental operations, warehouses, hotels, and offices. County owned or operated airports may include additional allowable uses, provided such uses are included in ULDC Article 3, Airport Zoning Overlay (AZO) and on the Airport Master Plans. Utility Uses. Utility Facilities include a full range of utility uses such as water and sewage treatment plants, solid waste transfer stations and facilities, and electrical transmission facilities, towers, sub-stations and power plants. Communication Facilities include such facilities as television and radio station, towers and relay structures and telephone facilities. Animal Shelters and co-located Veterinary Clinics are allowed within the UT designation subject to the limitations of the ULDC. C. Future Land Use Element, Definitions, References & Clarifications REVISIONS: To revise the PBIA Overlay language to clarify text and to reflect the sunset of the PBIA Advisory Board. The revisions are numbered below, and shown with the added text underlined, and the deleted text struck out. SUB-OBJECTIVE 1.2.6 Palm Beach International Airport (PBIA) Approach Path Conversion Area Overlay The purpose of the Palm Beach International Airport Approach Path Conversion Area (PBIA) Overlay is to provide for future land uses that are compatible with existing neighborhoods and the future operations of PBIA. The unique future land use provisions of the Overlay are designed to: 1) protect viable, existing neighborhoods from incompatible uses; 2) allow the residents within the area to directly participate in the future land use decision-making process, 08-1 Text Amendment Staff Report 8 Definitions, References & Clarifications
and 3) provide opportunities for property owners to initiate conversion of their properties to nonresidential uses. Policy 1.2.6-a: The PBIA Overlay is depicted on the Special Planning Areas Map in the Map Series and delineated as the area bounded on the north by Belvedere Road, on the south by Southern Boulevard, on the west by the Florida Turnpike, and on the east by the Palm Beach International Airport, excluding any lands lying within a municipality. Policy 1.2.6-b: Land within the PBIA Overlay shall have the potential to be zoned for uses permitted within the Light Industrial or Planned Industrial Park Development zoning districts, subject to any further restrictions or requirements contained in the Comprehensive Plan, or development regulations adopted pursuant to the PBIA Overlay criteria. Industrial development using either of the zoning districts be in the form of a Planned Industrial Park or campus-like industrial development without an amendment to the Future Land Use Atlas (FLUA). Land within the Overlay shall not have the potential to seek commercial zoning unless the land is designated Commercial on the Future Land Use Atlas through a FLUA amendment. Policy 1.2.6-c: Contents relocated into FLUE Policy 1.2.6-b in Amendment Round 01-1. Policy 1.2.6-d: All future land use designations within the Overlay shall be eligible to convert to Industrial uses, as provided for in Future Land Use Element Policy 1.2.6-b. Exceptions to this eligibility are: 1. Areas designated as Parks on the Future Land Use Atlas (FLUA). Areas possessing this designation shall remain as such. 2. The following areas, which shall only be allowed those uses permitted in the Residential future land use categories: a) The Wooded Acres (Timber Run) subdivision; b) The Lake Belvedere Estates subdivision; c) The Overbrook subdivision; d) The area defined by the following boundaries beginning at Wallis and Jog Roads: Western boundary: Jog Road between Wallis Road and Belvedere Road; Northern boundary: Belvedere Road between Jog Road and the Timber Run subdivision; Eastern boundary: The western limits of the Wooded Acres (Timber Run) subdivision and the Royal Palm Estates subdivision; Southern boundary: Southern Boulevard extending to the western side of Sunbeam Avenue; Southwestern boundary: Sunbeam Avenue between Southern Boulevard and Wallis Road. Policy 1.2.6-e: To provide landowners with the ability to convert to non-residential future land uses, both existing residential development and previously approved residential development that has not yet been constructed shall have the option to seek Industrial zoning. Exceptions to this occur for those parcels described in FLUE Policy 1.2.6-d. The parcels, which are allowed to convert must be: The following criteria must be met in 08-1 Text Amendment Staff Report 9 Definitions, References & Clarifications
order for a residentially built or approved parcel to be converted to industrial uses without a FLUA amendment: 1. At least 10 acres, if the parcel does not abut a roadway shown on the County's Thoroughfare Right-of-Way Identification Map; or 2. At least 5 acres, if the parcel does abut a roadway shown on the County's Thoroughfare Right-of-Way Identification Map. Policy 1.2.6-f: Except for the area described in FLUE Policy 1.2.6-d, vacant land which does not possess a development approval at the time of Plan adoption will have the option to seek industrial zoning provided the parcel is: The following criteria must be met in order for a vacant parcel to be converted to industrial uses without a FLUA amendment: 1. 10 acres, if the parcel does not abut a roadway shown on the County's Thoroughfare Right-of-Way Identification Map; and, only if the parcel is not contiguous on three or more sides to existing residential development; or, 2. 5 acres, if the parcel abuts a roadway shown on the County's Thoroughfare Right-of-Way Identification Map; and, only if the parcel is not contiguous on three or more sides to existing residential development. Policy 1.2.6-g: The area of the PBIA Overlay that is bounded by Southern Boulevard on the south, the L-4 Canal on the north, Military Trail on the east, and the western boundary of the Royal Palm Estates subdivision on the west, shall only allow residential uses to convert to industrial uses, provided that the conversion is a minimum of twentyfive (25) acres. (Implementation Text Relocated to this policy) The area of the PBIA Overlay that is bounded by Southern Boulevard on the south, the L-4 Canal on the north, Military Trail on the east, and the western boundary of the Royal Palm Estates subdivision on the west, shall only allow residential uses to convert to industrial uses subject to the following: 1. All new industrial uses shall be developed as a "Planned Industrial Park Development" (PIPD); and, 2. All new PIPDs shall be a minimum size of twenty-five (25) acres; and, 3. All new industrial development shall utilize a campus-style design as well as conform to the requirements for PIPDs as specified in the Unified Land Development Code (ULDC); and, 4. The following uses shall not be permitted: salvage junk yards, machine or welding shops, hazardous waste facilities, solid waste facilities, bulk storage facilities, transportation and multi-modal facilities, large-scale repair and heavy equipment repair and service facilities, petroleum and coal-derivationsmanufacturing and storage facilities, heliports, helipads, airstrips, hangers and accessory facilities, and excavations. Policy 1.2.6-h: The parcels located in the transitional area along the north and south sides of Bishoff Road and Alexander Road and on the west side of Jog Road may be rezoned to an industrial district without a corresponding future land use amendment. These parcels shall remain residential until property owners can assemble the minimum lot size for industrial use as set forth in the Unified Land Development Code. Implementation Text 08-1 Text Amendment Staff Report 10 Definitions, References & Clarifications
PBIA Approach Path Conversion Area Overlay A Committee consisting of representatives of existing developments within the Overlay area, existing developments adjacent to the Overlay area and the Town of Haverhill is established and responsible for: 1. Formulating and presenting recommendations to the Zoning Commission on zoning petitions requesting new non-residential uses adjacent to existing neighborhoods within the Overlay area; 2. Reviewing and providing input on the development of the regulations and criteria described below; and, 3. Formulating and presenting recommendations to the Local Planning Agency on non-residential land use Plan amendments. The Board of County Commissioners must consider the effect of any non-residential development on existing neighborhoods when approving such petitions. Development Orders within this Overlay must satisfy the following criteria: 1. Existing residential development shall not be considered a non-conforming use; 2. Non-residential development shall be subject to any additional land development regulations and site design criteria contained in the Land Development Codes revised pursuant to this Overlay. Such additional regulations will include, but are not limited to: a) Restriction of permitted uses; b) Access standards that recognize the adjacent residential characteristics; c) Screening, landscaping, and buffering that improve the environment, reduce noise associated with the use, reduce glare, and improve the visual appearance of the area, compatible with adjacent uses; d) Design standards to ensure compatible, attractive development, such as facade, signage, exterior materials, and structural appearance; and, e) Height, setback, and lot coverage restrictions to achieve attractive and safe separation of uses. Upon execution, by the County and the municipality, of a Joint Planning Agreement pursuant to Chapter 163, F.S., the provisions of the Overlay may be superseded by the terms of the Agreement, for the areas subject to the Agreement. The agreement must be consistent with the provisions of the Overlay as described above. Land within the Overlay which has an existing Industrial land use designation at the time of the adoption of the Plan is entitled to seek Industrial rezoning in accordance with the normal Industrial property development regulations contained within the Unified Land Development Code notwithstanding the restrictions contained herein. The Overlay designation does not eliminate the requirement to conform to the Traffic Performance Standards, other Concurrency Management requirements or any other 08-1 Text Amendment Staff Report 11 Definitions, References & Clarifications
requirement adopted as part of the County's Comprehensive Plan or Unified Land Development Code. NEW Policy 1.2.6-i: If vacant land within the Overlay is developed as residential, the County shall require the developer to provide notification to property owners within the new residential areas, that they are located within the PBIA-Overlay, and may experience some airport related noise. The provisions regarding notification shall be incorporated into the Unified Land Development Code (ULDC). D. Future Land Use Element, Definitions, References & Clarifications REVISIONS: To revise Table 2.1-2 to clarify the maximum FAR for non-residential uses allowed in residential future land use designations. The revisions are numbered below, and shown with the added text underlined, and the deleted text struck out. 08-1 Text Amendment Staff Report 12 Definitions, References & Clarifications
TABLE 2.1-2 Maximum Floor Area Ratios (FARs) For Non-Residential Future Land Use Categories and Non-Residential Uses Future Land Use FLU Category Tier Urban/Suburb Exurban Rural Ag Reserve Glades Residential Agriculture All Residential Categories.35 (Low Density).45 (Medium & High Density).20.20.15.20 AP not allowed not allowed not allowed not allowed.10 SA.15.15.15.15.15 AgR not allowed not allowed not allowed.15 not allowed Commercial Low (Neighborhood Commercial) Commercial High (Community or Regional Commercial) Industrial CL-O.35.20.20.20.20 CL CH-O CH.20 w/o PDD 1,3 1,3.10.25 w/ PDD 1.0 w/ TMD.10 1.0 w/ TMD.10 5.40 w/ TMD 4.10.35 w/o PDD 2.50-.85 w/ PDD not allowed not allowed not allowed not allowed.35 w/o PDD 1.50-.85 w/ PDD 2 not allowed not allowed not allowed not allowed.85-1.0 3 IND.45 not allowed not allowed.45.45 EDC.45 not allowed not allowed not allowed not allowed Commercial Recreation.10-.50 not allowed.05.05.05 Parks & Recreation.10-.45.10.10.10.10 Conservation.05.05.05.05.05 Institutional & Public Facilities 8.1-.45.20.10 Transportation & Utilities.10-.45.10.05.15.35 6.10.05.15 7.05 Traditional Town Development 1.0 not allowed not allowed not allowed not allowed Notes: 1. For Commercial Low (CL) and Commercial High (CH), the maximum allowable FAR for non-retail projects is.50. 2. For Commercial High (CH) and Commercial High Office (CH-O), the maximum allowable FAR is.50 for MUPD, and.85 for MXPD, as defined in the ULDC. 3. Provided development furthers the objectives and policies of the Comprehensive Plan, an exception to the FAR, up to 1.0 may be permitted to allow for: infill development; mixed-use development (MXPD); Traditional Neighborhood Development (TND); Traditional Market Place Development (TMD); or Traditional Town Development (TTD). 4. For Ag Reserve TMDs the FAR is calculated on the total area of the development, including both the developed and preserve area. 5. Only future land use designations of Commercial Low located in the Agricultural Reserve Tier and approved prior to January, 2002, shall be allowed to develop at this FAR. 6. An FAR greater than.15 is only permitted for hospitals and related hospital campus uses. 7. An FAR greater than.05 is only permitted east of S.R. 7. 8. Institutional and Public Facilities uses within any FLU designation are allowed to utilize the maximum allowable FAR of the Institutional and Public Facilities FLU designation per the applicable Tier. In the case of multiple or mixed use projects, only proposed institutional and public facility uses shall be permitted to exceed the FAR of the project s FLU designation. 08-1 Text Amendment Staff Report 13 Definitions, References & Clarifications
E. Housing Element, Definitions, References & Clarifications REVISIONS: To revise Housing Policy 1.4-c for consistency with the parallel policy in the FLUE which establishes the provision for calculating density for special needs housing. The revisions are numbered below, and shown with the added text underlined, and the deleted text struck out. Policy 1.4-c: The County shall provide for foster care, group homes and other special needs facilities to be permitted in residential neighborhoods and in appropriate residential, commercial, and institutional land use categories. The allowable density of such facilities shall be determined based on the densities of surrounding residential uses. Farmworker housing is currently permitted in the Agriculture Reserve (AGR), Agriculture Production (AP) and Special Agriculture (SA) land use categories. F. Future Land Use Element, Definitions, References & Clarifications REVISIONS: To clarify density provisions in INST FLU. The revisions are numbered below, and shown with the added text underlined, and the deleted text struck out. Policy 2.2.8-a: The Future Land Use Atlas may depict underlying/alternative residential future land uses for properties designated as Institutional and Public Facilities. If an underlying/alternative designation is not depicted on the Atlas, the Planning Director may assign an underlying density based on the densities of adjacent residential parcels without a land use amendment. Underlying densities that are higher than adjacent residential parcels shall only be assigned through the TDR Program, the Workforce Housing Program, or a site-specific amendment to the Future Land Use Atlas that is conditioned in the adopting ordinance to limit the additional density to an institutional use. The County may initiate a future land use amendment to remove the non-utilized future land use designation after the property is developed. G. Future Land Use Element, Definitions, References & Clarifications REVISIONS: To clarify Ag Reserve Preserve requirements. The revisions are numbered below, and shown with the added text underlined, and the deleted text struck out. Policy 1.5.1-j: If tthe preserve area of a 60/40 AgR-PDD shall be subject to an agricultural conservation easement in favor of Palm Beach County or deeded to the County. In addition, if the preserve area is contiguous to the development area, it shall be shown on the AgR-PDD Master Plan and Plat as a Preserve Area and designated appropriately. Further, a restrictive covenant limiting it to such use, made in favor of Palm Beach County, shall be recorded concurrent with the plat. As an alternative, the protected area may be subjected to an agricultural conservation easement to Palm Beach County, or may be deeded to the County. If the preserve area is not contiguous to the development area, it shall be platted with a boundary plat as part of the AgR-PDD, with its use restricted by a restrictive covenant limiting it to preservation uses, made in favor of Palm Beach County. As an alternative, the protected area may be subjected to an agricultural conservation easement in favor of Palm Beach County, or it may be deeded to the County, (or such other governmental 08-1 Text Amendment Staff Report 14 Definitions, References & Clarifications
entity) which may be willing to assume responsibility for the property given the restrictions placed upon its use. Policy 1.5.1-n: If tthe preserve area of a 60/40 AgR-TMD shall be subject to an agricultural conservation easement in favor of Palm Beach County or deeded to the County. In addition, if the preserve area is contiguous to the development area, it shall be shown on the AgR-TMD Master Plan and Plat as a Preserve Area and designated appropriately. Further, a restrictive covenant limiting it to such use, made in favor of Palm Beach County, shall be recorded concurrent with the plat. As an alternative, t The protected area may be subjected to an agricultural conservation easement to Palm Beach County, or may be deeded to the County. If the preserve area is not contiguous to the development area, it shall be platted with a boundary plat as part of the AgR-TMD, with its use restricted by a restrictive covenant limiting it to preservation uses, made in favor of Palm Beach County. As an alternative, the protected area may be subjected to an agricultural conservation easement in favor of Palm Beach County, or it may be deeded to the County, (or such other governmental entity) which may be willing to assume responsibility for the property given the restrictions placed upon its use. 08-1 Text Amendment Staff Report 15 Definitions, References & Clarifications